The policeman accused of shooting dead a three-year-old boy was released on R1000 bail by the Tembisa Magistrate's Court on Tuesday.

Magistrate Julius Mokoma said the State had provided no evidence to prove that the release of Constable Seila Shadrach Malaka would endanger public safety, destabilise the community or lead to Malaka's evasion of trial or intimidation of witnesses.

Mokoma said Malaka's supervisor had described him as a "hardworking police officer" who had "never given problems as such" in the five years he worked with him.

The magistrate further took into account the fact that Malaka did not flee the scene of the shooting, but immediately called his supervisor and paramedics.

He also noted Malaka's claims of remorse and that he cared for his unemployed wife and children.

"It will be in the interests of these kids if you are released, because you are the undisputed sole provider," he told Malaka.

Malaka paid bail and left the court through a back door to avoid reporters. He will appear in court again on 21 December.

Malaka is accused of shooting dead Atlegang Phalane (3) in Klipfontein in November.

Independent Complaints Directorate spokesperson Moses Dlamini confirmed that Malaka has not been suspended pending the investigation against him.